Disposed

M/S Best Chemicals Limestone Ins. P. Ltd. v. Union of India and Ors.

Rajasthan HC22 Mar 2021CW/10445/2016

Case brief

AI extract

What is this about?

The High Court of Rajasthan at Jodhpur dismissed the writ petition directed at quashing demand letters and refunding contributions, following a prior judgment. The court directed the petitioner to file a revision before the Central Government within 15 days, during which interim relief remains operative.

What did the court decide?

Writ petition dismissed; liberty granted to file revision before Central Government within 15 days with interim relief operative.

M/S Best Chemicals Limestone Ins. P… — Constitutional and Fundamental Rights | Rajasthan HC (2021)

¶1

(1 of 2)

¶2

[CW-10445/2016]

¶3

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶4

S.B. Civil Writ Petition No. 10445/2016

¶5

M/s Best Chemicals Limestone Ins. P. Ltd

¶6

----Petitioner

¶7

Versus

¶8

Union Of India And Ors.

¶9

----Respondent

¶10

For Petitioner(s) : Mr. Rahul Sharma for Mr. P.K. Bohra For Respondent(s) : Ms. Akshiti Singhvi for Mr. Sandeep Shah, AAG

¶11

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

¶12

Order

¶13

22/03/2021

¶14

In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

¶15

` The petitioner has preferred the present writ petition claiming the following relief :-

¶16

"(i) Through appropriate writ, order or direction quash and set aside letters of Demand dated 20.05.2016 issued by the Respondent No.2 and 3.

¶17

(ii) Direct the respondents to refund the amount of contribution to NMET made by the petitioner under protest. "

¶18

At the threshold, learned counsel for the respondents submits that they have moved an application for disposal of the present case in accordance with the judgment passed by this Court in the matter of M/s. J.K. Cement Limited Vs. Union of India & Ors. in S.B. Civil Writ Petition No.8303/2016, decided on 10.01.2018 alongwith other connected matters.

¶19

(2 of 2)

¶20

[CW-10445/2016]

¶21

Learned counsel for the respondents further submits that since there is an alternative remedy of filing the revision petition, therefore, if the revision petition is filed by the petitioner within a period of 15 days from today, the interim direction given by this Court may remain operative and the revision petition shall be decided on merits expeditiously.

¶22

Learned counsel for the petitioner is not in a position to refute the aforesaid submissions made by learned counsel for the respondents.

¶23

This Court, on perusal of the order passed by this Court in M/s J.K. Cement Limited (supra), allows the application and disposed of the present writ petition with a liberty to the petitioner to avail the alternative remedy of revision petition before the Central Government. In case, the said revision petition is filed within 15 days from today, the interim directions granted by this Court in the aforesaid writ petition shall remain operative during the pendency of the revision petition. The said revision petition be decided on merits as expeditiously as possible preferably within three months of the filing of the same.

¶24

It is clarified that nothing said herein shall be considered as any opinion on the merits and the petitioner will be at liberty to raise all their pleas as raised in the writ petition before the concerned revisional authority.

¶25

Stay petition as well as all pending applications stand disposed of accordingly.

¶26

(DR. PUSHPENDRA SINGH BHATI),J.

¶27

59-Sudheer/-

M/S Best Chemicals Limestone Ins. P. Ltd. v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

M/S Best Chemicals Limestone Ins. P. Ltd. v. Union of India and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Asha Vs State of Rajasthan

Jasdeep Singh Vs Agricultural University, Kota

Sagar Sihag Vs Agricultural University, Kota

Manish Choudhary Vs Agricultural University, Kota

Aashish Vs Agricultural University, Kota

Mayank Meena Vs Agricultural University, Kota